Research Handbook on Economic, Social and Cultural Rights as Human Rights by Jac

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This exciting Research Handbook combines practitioner and academic perspectives to provide a comprehensive, cutting edge analysis of economic, social and cultural rights (ESCR), as well as the connection between ESCR and other rights. Offering an authoritative analysis of standards and jurisprudence, it argues for an expansive and inclusive approach to ESCR as human rights. Expert contributors discuss ESCR-related structures and mechanisms in the international, regional and domestic spheres, and chapters explore the details, interpretations and current developments of each thematic right, illustrating the critical cross-cutting and fault line issues relating to global ESCR. Taking a far-sighted approach, contributors critically assess the failure of dominant human rights paradigms to address ESCR and/or create a framework for multilateral responses to emerging global threats, arguing that a robust, reinforced ESCR approach and practice is needed to meet the human rights challenges of the 2020s. This Research Handbook is a valuable contribution to the human rights field. Providing an overview of ESCR-related systems, cases and challenges around the world, it will be particularly beneficial for advocates, scholars and students interested in international human rights as well as to lawyers and judges considering ESCR in the context of domestic law. International and local NGOs and human rights organizations will also find this an essential guide on mechanisms to advance ESCR as human rights. Contributors include: R. Balakrishnan, J. Bourke-Martignoni, M.V. Bras Gomes, L. Chenwi, J. Chowdhury, A. Corkery, C. de Albuquerque, K. Donald, J. Dugard, S. Gloppen, M. Gomez, J. Heintz, D. Ikawa, V. Krsticevic, C. O'Cinneide, K. Paterson, B. Porter, V. Roaf, I. Saiz, M. Sepúlveda, C. Vallejo, F. Veriava, S. Wilson, A.E. Yamin

FORMATHardcover LANGUAGEEnglish CONDITIONBrand New Author Biography

Edited by Jackie Dugard, Associate Professor, School of Law, University of the Witwatersrand, Johannesburg, South Africa, Bruce Porter, Executive Director, The Social Rights Advocacy Centre, Canada, Daniela Ikawa, Legal Officer, Open Society Justice Initiative and Adjunct Professor, Columbia University, US and Lilian Chenwi, Professor, School of Law, University of the Witwatersrand, Johannesburg, South Africa

Table of Contents

Contents:Introduction to the Research Handbook on Economic, Social and Cultural Rights xviiiBruce Porter, Jackie Dugard, Daniela Ikawa and Lilian ChenwiPART I THE HUMAN RIGHTS FRAMEWORK FOR ESCR1 The international human rights system 2Jackie Dugard2 The International Covenant on Economic, Social and Cultural Rights andthe Optional Protocol 14Daniela Ikawa3 The African system 28Lilian Chenwi4 The European system 49Colm O'Cinneide5 The Inter-American System 68Viviana KrsticevicPART II CONTENT OF THE RIGHTS6 The right to social security 90Magdalena Sepúlveda7 The right to education 114Faranaaz Veriava and Kate Paterson8 The right to food 138Joanna Bourke-Martignoni9 The right to health 160Alicia Ely Yamin10 The right to adequate housing 181Stuart Wilson11 The human rights to water and sanitation 203Catarina de Albuquerque and Virginia Roaf12 The right to work and rights at work 227Virginia Brás GomesPART III CROSS-CUTTING ISSUES13 Unpacking the minimum core and reasonableness standards 251Joie Chowdhury14 Progressive realization using maximum available resources: theaccountability challenge 276Allison Corkery and Ignacio Saiz15 Interdependence of human rights 302Bruce Porter16 Advancing economic and social rights through national human rightsinstitutions: Interdependence of human rights 328Mario Gomez17 Economic policy and human rights 351Radhika Balakrishnan and James Heintz18 The 2030 Agenda for Sustainable Development: opportunity or threat foreconomic, social and cultural rights? 367Kate Donald19 The climate crisis: litigation and economic, social and cultural rights 387Siri Gloppen and Catalina VallejoIndex

Review

'This welcome volume provides a useful, and thoughtful, resource for human rights scholars, students and practitioners of economic, social and cultural rights.' -- Jessie Hohmann, Australian Journal of Human Rights'The book addresses the international community as well as all levels of governance. It can complement the teaching of ESCR, offering a great resource and comprehensive overview of the existing legal framework of rights protection. Thus, the book can give new impulses to academic discourse regarding the contemporary challenges emerging from the strategies and approaches to ESCR protection globally, regionally, and domestically.' -- Effrosyni Bakirtzi, European Journal of Social Security'Contested and marginalized in legal research, the field of economic, social and cultural rights has experienced a bloom in scholarly attention over the past ten years. With contributions by leading scholars and practitioners, this Research Handbook represents an up-to-date and in-depth analysis of the most salient mechanisms, doctrines and cross-cutting issues in the field. It constitutes an indispensable resource for policy-makers, scholars and advocates interested in the contribution of human rights to the eradication of poverty and inequality.'--Professor Sandra Liebenberg, Chair in Human Rights Law, University of Stellenbosch, South Africa

Review Quote

'Contested and marginalized in legal research, the field of economic, social and cultural rights has experienced a bloom in scholarly attention over the past ten years. With contributions by leading scholars and practitioners, this Research Handbook represents an up-to-date and in-depth analysis of the most salient mechanisms, doctrines and cross-cutting issues in the field. It constitutes an indispensable resource for policy-makers, scholars and advocates interested in the contribution of human rights to the eradication of poverty and inequality.'

Details ISBN1788974166 Language English Year 2020 ISBN-10 1788974166 ISBN-13 9781788974165 Format Hardcover Pages 456 Publication Date 2020-10-20 DEWEY 341.48 Publisher Edward Elgar Publishing Ltd Series Research Handbooks in Human Rights series Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Country of Publication United Kingdom AU Release Date 2020-10-20 NZ Release Date 2020-10-20 UK Release Date 2020-10-20 Author Lilian Chenwi Edited by Lilian Chenwi Audience Professional & Vocational We've got this

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